Top Rated Henrico County VA DUI / DWI Lawyers • 1500+ Reviews

Best Law Firm 2024 Riley Wells Attorneys at Law - Traffic Ticket, Reckless Driving, Speeding, and Virginia Criminal Defense Lawyer Riley & Wells Attorneys-At-Law is a Henrico County law firm that specializes in defending clients accused of driving while intoxicated or under the influence of alcohol or drugs. Our Henrico VA DUI / DWI lawyers possess over 60 years of combined Virginia DUI / DWI law experience and are routinely recognized for legal excellence and high ethical standards. Our firm is a recognized “Best Law Firm” according to U.S. News & World Report. We represent clients before the Henrico Courts charged with DUI / DWI. Our attorneys have an established reputation for effectively representing clients accused of drunk driving offenses. We have been positively reviewed more times than any other law firm that defends Henrico DUI / DWI cases. You can benefit from our experience!

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Experienced Henrico County VA DUI / DWI Attorney Best Defense

Driving Under the Influence (DUI) also referred to as Driving While Intoxicated (DWI) is a criminal offense that occurs when a person operates a motor vehicle while intoxicated with alcohol or drugs. A Henrico County DUI / DWI arrest can be an embarrassing and devastating event. You need a non-judgmental advocate to give you straightforward advice about protecting you before the Henrico Courts and presenting your best defense. You need an experienced Henrico DUI / DWI lawyer. Our top rated Henrico County VA DUI / DWI Lawyers are dedicated to representing the best interests of clients. We use every resource the law allows to best protect our client. NOTE: An arrest is NOT a conviction.

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Henrico County Drunk Driving Defense Attorney • Specialized Training

Effective Henrico County Drunk Driving Defense Attorney • Specialized TrainingThe DUI / DWI law is a specialized area of the criminal law. Exercise caution before you engage an attorney for representation that lacks the proper training and experience. Our role is to assist you with navigating an often difficult landscape and to present your best defense. Our Henrico County VA DUI / DWI defense lawyers are sustaining members of prominent DUI / DWI organizations such as the National College for DUI Defense. We are top rated Henrico VA DUI / DWI lawyers that clients who are serious about their freedom and future want to represent them. We use every resource the law allows and consider guilty pleas only when they are in the best interest of our clients.

Free Henrico DUI / DWI Consultation with Most Rated Lawyers

Free Henrico DUI / DWI Consultation with Most Rated LawyersIt can be difficult to find the right Henrico County DUI / DWI lawyer. We submit there are many things that you should consider before you retain a Henrico DUI / DWI defense attorney. You should first consider if the lawyer represents clients charged with DUI / DWI before the Henrico Courts. Engaging a lawyer who is not familiar with the Judge who will decide your fate is usually not a wise choice. Evaluate the lawyer’s DUI / DWI legal knowledge and expertise along with reputation and accomplishments. Now is not the time to find out if your lawyer is up to the challenge. We offer a free consultation to demonstrate that we have what it takes to present your best defense.

Effective DUI / DWI Lawyer in Henrico County

Effective DUI / DWI Lawyer in Henrico CountyWe understand that a Henrico DUI / DWI arrest can be a freighting experience. Not knowing what will happen is stressful. The Virginia DUI / DWI law is complex. And the penalties can be harsh. In fact, Virginia has some of the strictest DUI laws in the country according to a study by WalletHub. Navigating the Henrico Courts with this type of case by yourself is not realistic. You need representation. If you have been arrested for DUI / DWI in Henrico County, then you need to retain the best Henrico County DUI lawyer possible. Our attorneys are specially trained and possess extensive experience. Let us review your case! There may be defenses to your case even if you think you are guilty.

Breath Testing for Henrico County DUI / DWI Cases

Henrico DUI DWI Lawyer Breath Test Defense AttorneyVirginia DUI / DWI law according to Va. Code Section 18.2-266 criminalizes the operation of a motor vehicle if a chemical test proves the driver possesses a blood alcohol concentration of 0.08 percent or more at the time of driving. It is also a violation of the DUI /  DWI law for a motorist to operate a motor vehicle under the influence of illegal drugs or prescription medication or any combination of drugs and alcohol. Breath Test evidence is significant to the Henrico County Commonwealth Attorney’s DUI / DWI case but it is not required. And sometimes even a chemical test result of 0.08 or more does not automatically mean you will be convicted of your Henrico DUI / DWI case.

Henrico County DUI / DWI Investigation Field Sobriety Testing

Henrico VA DUI Lawyers challenging field sobriety exercisesIf a Henrico County Virginia police officer or State Trooper stops a motorist for a traffic violation and suspects that the motorist may be intoxicated, then the police officer will transition the traffic stop into a DUI /DWI  investigation. Every motorist who becomes the target of a police DUI / DWI investigation will typically be asked to perform field sobriety exercises. The police officer will ask the motorist to perform these exercises in a way that makes the motorist think performance is mandatory. The leading tests include the Horizontal Gaze Nystagmus, the One Leg State and the 9 Step Walk and Turn. These exercises or tests are completely VOLUNTARY.  A motorist is never required to perform any field sobriety exercise.

NOTE: There is almost no scenario where a motorist should perform these tests

Drunk Driving is Aggressively Enforced in Henrico County

Henrico VA DUI / DWI Drunk Driving Defense AttorneyThe drunk driving laws are aggressively enforced by Henrico Police and Virginia State Troopers. The state troopers usually patrol Interstates 95, 295, 64 and Routes 250, 301, 60 & 33. Henrico police officers will also patrol those highways but more typically focus their patrols on local routes such Broad Street, Brook Road, Mechanicsville Turnpike, Staples Mill Road & Williamsburg Road. Both police departments will frequently hold sobriety checkpoints and typically use the same protocol to investigate a DUI / DWI case, which will often include field sobriety testing and breath testing. Sobriety checkpoints are permitted if a certain specific set of criteria is followed. There roadblock plan design and implementation must be supervised by senior officers of the police department.

Driving Under the Influence of Alcohol Penalties

  • Possible incarceration
  • Ignition Interlock
  • Suspension or Revocation of Driving Privileges
  • Expensive fines
  • Probation
  • DUI education courses such as VASAP
  • Significant cost increases to or loss of automobile insurance
  • Loss of employment or employment opportunities

Henrico County DUI / DWI Client Review

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Henrico DUI /DWI Lawyer Defenses to Drunk Driving Cases

Henrico DUI /DWI Lawyer Defenses to Drunk Driving CasesHenrico DUI / DWI cases can be complex. The success of the defense will depend on the specific circumstances of your case. We will investigate your case and look for every possible defense. It is important to remember that each Henrico County DUI / DWI case is unique. The strength of the defense will depend on the evidence. Our experienced Henrico VA DUI / DWI attorneys will assess your case, identify the most effective defense strategies, and help you navigate the legal process. If you are facing a Henrico DUI /DWI charge, it is strongly recommended that you seek legal counsel from a top rated lawyer to protect your rights and build a strong defense. Some defenses may include the following:

  1. Challenging the Stop: Did the Henrico Police have a valid reason to stop your vehicle? If the initial traffic stop was unlawful, it may be possible to challenge the entire case.
  2. Lack of Probable Cause: To make an arrest, Henrico police officers must have probable cause to believe you were driving under the influence or driving while intoxicated.
  3. Errors in Field Sobriety Tests: Field sobriety tests administered by Henrico Police, such as the walk-and-turn, one-leg stand or horizontal gaze nystagmus are often used to assess impairment. These tests can be subjective and prone to errors.
  4. Problems with Breathalyzer Tests: Breathalyzer results can be influenced by various factors, and the device must be properly calibrated and maintained.
  5. Rising BAC: If your BAC was rising at the time of your arrest, you may be able to argue that you were not above the legal limit while driving, even if you tested over the limit later at the police station.
  6. Medical Conditions: Certain medical conditions or medications can affect a person’s ability to perform field sobriety tests or can cause false positives on breath tests.
  7. Necessity Defense: In rare cases, a necessity defense can be employed if you can show that driving under the influence was the only reasonable option to prevent a more significant harm.

Henrico County DUI / DWI Case DISMISSED

Henrico County VA DUI DWI Attorney convinces Judge to Dismiss CaseOur Henrico County VA DUI / DWI Lawyers successfully defended a client who was accused of DUI / DWI after being pulled over for a speeding infraction on Route 150 near the location of where N. Parham Road turns into Chippenham Parkway at the Willey Bridge in the western part of Henrico County. Henrico police officer routinely monitor traffic from the northside of this bridge and enforce the traffic laws. A DUI arrest can be a traumatic event and the process from traffic stop to verdict can be a maze of criminal & traffic law procedures. In this case, we take the opportunity to explain each aspect of the case in detail. Click here for full case review

Henrico VA Criminal DUI Case REDUCED to Minor Traffic Infraction

Henrico County DUI REDUCED to minor traffic infraction

Our Henrico DUI / DWI Defense Attorneys represented a client who was accused of DUI / DWI after being pulled over on Interstate 64 in the Short Pump area of the county for Texting While Driving. Our client completely cooperated with the investigating police officer. After our review of the case, we made a determination that the prosecution’s case was not particularly strong. We were prepared for trial and looking forward to having the matter dismissed. However, every trial brings a certain amount of risk that some clients cannot endure. We convinced the prosecution that they may lose the case, which helped in resolving the matter as a minor traffic infraction of improper driving.

Henrico Felony DUI REDUCED to 1st Offense Related Charges Dropped

A felony DUI case is a very serious offense. A conviction can trigger significant penalties.

Henrico County Felony DUI 4th REDUCED to Misdemeanor

We represented a client who was arrested for 4th offense felony DUI within 10 years, felony Drive on a Revoked Driver’s License & criminal Refusal third offense. The client was facing serious allegations and was looking at more than a year in prison if convicted. We thoroughly reviewed the case and found a possible defense to the lawfulness of the traffic stop. The U.S. Constitution Fourth amendment says in part that a stop or seizure by police must be based on “reasonable articulable suspicion.” In other words, the police cannot infringe on your liberty and pull you over merely based on a hunch or suspicion. In this case, the police were responding to a loud noise call at a residence.

Drunk driving in Henrico County is seriously enforced. If you have been arrested for DUI, then you need a Henrico DUI Lawyer.

Henrico County Felony Driving Revoked Nolle Prosequi

Our client was driving in an area near a noise complaint. The police suspected that our client was somehow related to the noise complaint. We advised our client of the issues and defenses to the allegations. In addition to proving the lawfulness of the traffic stop, the prosecution would have to prove several other legal factors, including: intoxication, unreasonable refusal and prior convictions that elevated both the DUI and Driving While Revoked allegations to felonies. Our attorneys approached the Commonwealth Attorney with strong defenses. The prosecutor agreed with the defenses and was willing to significantly drop the case in exchange for a plea. Our client weighed his options and elected to accept the plea.

Henrico County DUI / DWI Sobriety Checkpoint Defense Attorney

Henrico County DUI / DWI Sobriety Checkpoint Defense AttorneyHenrico County police will sometimes use a DUI / DWI checkpoint to apprehend intoxicated drivers. The police also catch drivers violating other criminal & traffic laws at sobriety checkpoints. These roadblocks are temporary and are supposed to be random. This law enforcement procedure permits the police to lawfully stop a vehicle and ask for driver’s license and vehicle registration. In reality, the police are often looking for signs of alcohol or drug impairment. The checkpoints have to be set up according to specific procedures and must be properly supervised. If you have been arrested at a Henrico DUI / DWI sobriety checkpoint, then you need a top rated Henrico DUI / DWI lawyer.

Virginia Implied Consent Law for Henrico DUI / DWI Cases

Virginia Implied Consent Law for Henrico DUI / DWI CasesVirginia like most states has an implied consent law. This means that by driving on the state’s roads, you have impliedly consented to a chemical test to determine your blood alcohol content (BAC) if there is probable cause evidence that you operated a motor vehicle on the highway while intoxicated. The motorist does not get to choose between a blood or breath test. Unreasonable refusal of a breath or blood test can result in an additional charge that carries a driver’s license suspension if convicted. In some cases, the Henrico County police officer will obtain a search warrant for blood if a driver refuses to take a chemical test.

Henrico Underage Baby DUI / DWI • Driving After Illegally Consuming Alcohol

Henrico County Underage Baby DUI / DWI • Driving After Illegally Consuming AlcoholPersons under age 21 driving after illegally consuming alcohol is a criminal misdemeanor offense in Virginia. This offense is often referred to as a “Baby DUI.” Such persons may not operate a motor vehicle with a blood alcohol concentration (BAC) of 0.02 or more as indicated by a chemical test. This is not a drunk driving offense. The prosecution is not required to prove intoxication. However, the penalties for this offense are almost the same as a Henrico VA DUI / DWI conviction. The main distinction between this offense and a DUI / DWI is that a chemical test is required. Henrico County DUI / DWI cases can be proved even with no chemical test if other evidence proves intoxication.

Virginia Alcohol Safety Action Program (VASAP) Required if Convicted

Virginia Alcohol Safety Action Program (VASAP) Required if ConvictedThe Commission on VASAP originally began as a pilot program of the National Highway Traffic Safety Administration (NHTSA) in 1972. VASAP is a state-administered program designed to address issues related to alcohol and substance abuse. If you are convicted of a Henrico County DUI / DWI, then the Henrico Judge will order that you enroll with VASAP’s Capital Area ASAP program location for assessment, education, and treatment services if necessary. Individuals with more serious alcohol or substance abuse problems may be directed to substance abuse treatment programs. Participants will likely be required to submit to random drug and alcohol testing. VASAP also monitors Ignition Interlock devices. Such orders can be transferred to another location if you are not from the area.

Ignition Interlock for Henrico VA DUI / DWI Cases

Ignition Interlock for Henrico VA DUI / DWI CasesAn ignition interlock device is a breathalyzer-like device that is installed onto the ignition of a motor vehicle to prevent a driver from operating the vehicle if they have consumed any alcohol. The driver must pass a breath alcohol test before the ignition interlock vehicle will start. If the driver’s breath sample registers a blood alcohol concentration (BAC) above a predetermined limit, the vehicle will not start. There are also random rolling retests while driving to ensure that no alcohol has been consumed since starting the vehicle. Ignition interlock violations are criminal offenses that can carry stiff penalties. In rare cases, an ignition interlock device is not a required penalty if convicted of a Henrico DUI / DWI.

Virginia DUI / DWI Penalties (⇓DMV DUI Brochure⇓)

Conviction for DUI first offense  Mandatory, minimum $250 fine  Driver’s license revocation for one year Conviction for DUI second offense  Mandatory, minimum $500 fine  Driver’s license revocation for three years  Possible jail term up to one year Conviction for DUI second offense within ten years of prior offense carries the following additional penalty  Mandatory, minimum ten-day jail term Conviction for DUI second offense within five years of prior offense carries the following additional penalty  Mandatory, minimum 20-day jail term Three DUI convictions within a ten-year period  Mandatory, indefinite driver’s license revocation  If your driving privilege is revoked for a first or second DUI offense conviction and you receive another DUI, the license revocation period will run consecutively with the existing revocation period. Conviction for DUI third offense or DWI felony  Mandatory, minimum $1,000 fine  Mandatory indefinite driver’s license revocation  Prosecution as a Class 6 felony Conviction for DUI third offense within five years carries the following additional penalty  Mandatory, minimum six-month jail term Conviction for DUI third offense within ten years carries the following additional penalty  Mandatory, minimum 90-day jail term  Permanent forfeiture of your vehicle (if you are the sole owner) Conviction for DUI fourth or subsequent offense  Mandatory, minimum one-year jail term BAC of 0.15% and not higher than 0.20% at the time of arrest  First offense carries a mandatory, minimum five-day jail term in addition to all other penalties  Second offense within ten years carries a mandatory, minimum ten-day jail term in addition to all other penalties BAC of 0.20% or higher at the time of arrest  First offense carries a mandatory, minimum ten-day jail term in addition to all other penalties

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11/10/2015 | Updated 11/26/2023